Alternative Dispute Resolution

(1) Resolution of a dispute for benefits begins when a party files a petition for benefit determination on a form prescribed by the Administrator as required by Tennessee Code Annotated section 50-6-203 and as defined in Rule 0800-02-21-.02(23). (2) (a) If a party files a petition for benefit determination without all of the required information as defined in Rule 0800-02-21-.02(23), the petition for benefit determination will be forwarded to a program coordinator, who will contact the party to obtain the required information. COURT OF WORKERS’ COMPENSATION CLAIMS AND CHAPTER 0800-02-21 ALTERNATIVE DISPUTE RESOLUTION (b) Once the requested information is provided to the program coordinator, the petition for benefit determination will be stamped filed. (3) If a party files an unserved petition for benefit determination as defined in these rules, the mediator will not schedule alternative dispute resolution until the filing party provides notice of service on all parties. (4) After referral of a petition, a mediator will schedule alternative dispute resolution and conduct it in compliance with T.C.A. § 50-6-236. The mediator may conduct alternative dispute resolution as is practical for the effective resolution of the issues, including by telephonic, electronic, or in-person interactions. (5) After referral of a petition to the mediator, the parties must exchange any medical records they possess related to the claimed injury within fourteen (14) days. Each party must continue to provide copies of any medical records received during the course of the claim within fourteen (14) days of receipt. The mediator or judge may refer any party that does not comply with this rule for the assessment of a civil penalty. (6) Within seven (7) business days after the request of the mediator or within fifteen (15) calendar days after a dispute certification notice is filed with the clerk, the employer must provide a wage statement on a form approved by the Administrator detailing the employee’s wages over the fifty-two (52) weeks before the injury. The form must be fully completed and signed by the employer or counsel. If the employee was employed for fewer than fifty-two (52) weeks, the employer must provide a wage statement detailing the employee’s wages during the period of employment. If the mediator requests the wage statement, the employer must send the wage statement directly to the mediator. If the dispute certification notice is filed with the clerk, the employer must file the wage statement with the clerk. Under either circumstance, the employer must serve a copy of the wage statement on all parties. Any employer who does not file a wage statement within the timeframe in this paragraph may be assessed a civil penalty. (7) Parties to a scheduled alternative dispute resolution proceeding must cooperate with scheduling, produce documents requested in writing or orally by a mediator, provide a representative authorized to settle the matter, be prepared to mediate all disputed issues at the time of the scheduled alternative dispute resolution proceeding, and mediate all issues in good faith. Alternative dispute resolution must be conducted in compliance with T.C.A. § 50- 6-236. (8) If requested, the assigned mediator may allow a nonparty to attend a mediation to assist an injured worker. Any nonparties allowed to attend a mediation to assist an injured worker shall not actively engage in legal representation of or otherwise act on behalf of the injured worker in any negotiation of any party’s rights and obligations. No provision of this chapter shall authorize a representative of a collective bargaining agent to engage in the “practice of law” or “law business” prohibited by statute or rules of the Tennessee Supreme Court as part of the mediation. If the parties cannot agree regarding who may attend and participate in a mediation, the mediator shall have the final decision-making authority.